Mohammad Hidayatullah Quotes

He was one of the few judges who could occasionally poke fun at himself. He told me that once he was sitting at a dinner at the Cambridge University where a number of distinguished persons had been invited. Next to him was an elderly gentleman whose identity he did not know. There was some discussion about the theory of relativity and he aired his own views with a certain measure of authority. His neighbour told him that his views were interesting and invited him for a cup of tea in the next two or three days. Later on he found out that he had been talking to the world renowned physicist Sir Arthur Eddington who was reputed as one of the few persons apart from Einstein who understood the theory of relativity. He never picked up the courage to go for that cup of tea and face Sir Arthur Eddington.

Liberty of the Individual has to be Fundamental and it has been so declared by the people... To change the Fundamental part of Individual's liberty is a usurpation of constituent functions because they have been placed outside the scope of the power of the constituted Parliament.

He was sworn in as the Acting President of India on 20th July 1969 and served in that capacity till late V. V. Giri was sworn in as the duly elected President of the Republic. After his retirement as the Chief Justice of India, he was unanimously elected as the Vice President of India as a result of a consensus amongst different political parties and occupied that high office with distinction from 1979 to 1984.

The Judge should certainly consider what is happening around him, but his interpretation should strictly be judicial.

He was a very warm, sincere and sensitive family man and friend.

He had been an extremely thorough and patient Judge with unremitting industry and keen sense to discover truth and do justice. Law, liberty and justice were upheld with consummate ability and independence by His Lordship. On public controversies, some of his judgments are thought provoking. He disputed the correctness of any attempt to whittle down fundamental rights while making it clear that the right to property was not forever sacrosanct. The distinction between the law and order and the public order, has been brought out succinctly in his reported judgments.

The artistic appeal or presentation of an episode robs it of its vulgarity and harm...

In his concurring judgment in Golaknath v. State of Punjab (AIR 1967 SC 1643), he held that fundamental rights are outside the amendatory process, if the amendment seeks to abridge or take away any of the rights, and that for abridging or taking away fundamental rights, a constituent body will have to be convoked.

As Chairman of the Rajya Sabha, he had the awesome task of dealing with some unruly scenes. He did so with aplomb and finesse, often with a witticism that helped defuse the situation.

As Vice President, he presided over the Rajya Sabha and conducted its proceedings with great dexterity and wisdom. During his tenure as Vice President, he again acted as the President in 1982.

The family connection with the Hindu Holy of Holies (Benares) was apparent in the many Hindu traditions and customs observed in our house-hold. Beef was as taboo as pork was and Divali used to be observed with Divas, as indeed several other Hindu festivals. The orthodox Muslims looked askance at us and we merited Iqbal’s couplet: "The orthodox preacher considers me as an Unbeliever and Unbleiver thinks I am a Muslim."

During his long tenure in the Supreme Court, he was a party to and author of a number of landmark judgments.

In the most inalienable of such rights a distinction must be made between possession of a right and its exercise. The first is fixed and the latter controlled by justice and necessity.

...with the escort of the Military Secretaries, aids-de-camp and the President’s Body Guard, all in their splendid uniforms We made a glittering sight. Even in my best dress I looked drab beside my wife in a simple and well-chosen ensemble. I felt a little pride but was reminded of the entry of Caliph Omar into Damascus. He was offered ths surrender of the city if he came to the city in person. Omar rode his one-eyed camel with a servant on foot, and they traveled equal distance on foot in turn and rode in turn. Near Damascus, Omer was met by his generals Abu Obaida and Khalid bin Walid. Seeing his tattered and travel-worn dress they insisted that he should change into proper clothes and ride a caparisoned charger. Omar gave in and followed their advice. Very soon afterwards he stopped and asked for his former clothes and his camel saying “Pride is entering my soul, and the Prophet said that if a man has pride, the size of a mustard seed, he will not enter Paradise. I felt ashamed of myself and put aside the feeling at once and began thinking of other things.

If a Judge, without any reason, orders the members of say one political party out of his Court, those so ordered may seek to enforce their fundamental rights against him and it should make no difference that the order is made while he sits as a Judge. Even if appeal lies against such an order, the defect on which relief can be claimed, is the breach of fundamental rights.